HomeMy WebLinkAboutSDP 15-09A; Shea Industrial Bressi Ranch; Site Development Plan (SDP)( Cltyof
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760} 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
0 Coastal Development Permit
0 Conditional Use Permit
D Minor D Extension
0 Day Care (Large)
0 Minor
D Environmental Impact Assessment
D Habitat Management Permit D Minor
0 Hillside Development Permit 0 Minor
0 Nonconforming Construction Permit
0 Planned Development Permit 0 Minor
0 Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
IZJ Site Development Plan
Amendment
0 Special Use Permit
IZJ Minor
0 Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
0 Variance 0 Minor
(FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
SD?\5-0'l~
0 General Plan Amendment
0 Local Coastal Program Amendment
D Master Plan
0 Specific Plan
0 Zone Change
0Amendment
0Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).: 213-261-16-00 ---------------------------------------------------------------------PROJECT NAME: Shea Industrial-Bressi Ranch Lots 19-22 (PUD 15-09/SDP 15-09/MS 15-06)
BRIEF DESCRIPTION OF PROJECT: A request to: a) remove the condition of approval requiring a Notice of Restriction (N.O.R.}
for limitations on intensity of use, relative to ,the ALUCP (1994) for McClellan-Palomar Airport; and b) to lift the recorded N.O.R.
BRIEF LEGAL DESCRIPTION: Parcels 1 and 2 of Parcel Map No. 21308 in the City of Carlsbad, County of San Diego, State of
California, filed in the office of the County Recorder on December 17th, 2015 as Document No. 2015-7000509
LOCATION OF PROJECT: 6131 & 61331nnovation Way
ON THE: West
(NORTH, SOUTH, EAST, WEST}
BETWEEN Gateway Rd.
(NAME OF STREET)
P-1
STREET ADDRESS
SIDE OF Innovation Way
(NAME OF STREET)
AND Palomar Airport Road
Page 1 of6
(NAME OF STREET)
--J olo.;-'7 ~
Revised 03/16
OWNER NAME (Print): Bressi Industrial, LLC
MAILING ADDRESS: 130 Vantis, Suite 200
CITY, STATE, ZIP: Aliso Viejo, CA 92656
TELEPHONE: 949-389-7000 --------------------------EMAIL ADDRESS: steve. schafenacker@sheaproperties. com
l CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. l CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH Hj::REIN ,JS MY AUTHORIZED REPRESENTATIVE FOR
PURPOS · 'THl APPLIC · ON.
r9l ,-~c;-<.___.1--11--I (o
DATE
APPLICANT NAME (Print): Bressi Industrial, LLC
MAILING ADDRESS: i 30 Vantis, Suite 200
CITY. STATE, ZIP: Aliso Viejo, CA 92656
TELEPHONE: 949-389-7000 ---------------------------EMAIL ADDRESS: steve. schafenacker@sheaproperties.com
MAILING ADDRESS: 13280 Evening Creek Dr. South, Suite 125
CITY, STATE, ZIP: San Diego, CA 92128
TELEPHONE: 858-793-4777 ------------------------------------------------------------EMAIL ADDRESS: peterb@sca-sd.com ~--~-------------------------------------------------------------
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATIO IS TRUE AND CORRECT TO THE BEST OF MY
KN, E ,
DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. INIJE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON~T E Tltl,E TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAN[) D ND .1' SUCCESSORS IN INTEREST.
~
" '\... ~CJ--Z---
30 2016
RECEIVED BY:
I OJJ-
P-1 Page 2 of6 Revised 03116
(cicyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Corp/Part Bressi Industrial, LLC
Title Title _____________ _
Address. _________ _ Address 130 Vantis, Suite 200, Aliso Viejo, CA 92656
2. OWNER (Not the owner's agent)
P-1(A}
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person, __________ _ Corp/Part Bressi Industrial, LLC
Title __________ _ Title ____________ _
Address. _________ _ Address 130 Vantis, Suite 200
Aliso Viejo, CA 92656
Page 1 of2 Revised 07/10
3. NON~PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non~
profit organization or as trustee or beneficiary of the.
Non Profitffrust Non Profitffrust. ________ _
Title Title. ____________ _
Address _________ _ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes II' I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
u ~ie,\J€... :=:cJ\o~ocltr
Print or type name of owner
Smith Consulting Architects, Peter Bussett
Print or type name of owner/applicant's agent
P·1(A) Page2 of2 Revised 07/10
/i~ <:(~·· ,.,, "'' ~ CITY OF
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: Shea Industrial -Bressi Ranch Lots 19-22
APPLICANT NAME: Bressi Industrial, LLC
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
BACKGROUND
The project consists of (2} existing 56,915 speculative high-bay industrial buildings
with surface parking, landscaping and outdoor lunch patios on an 8.29 acre lot.
Project approvals include Minor PUD 15-09, Minor SDP 15-09 and MS 15-06. Each
building is divisible for up to two tenants, and includes 5,888 square feet of office
improvements in one tenant suite. Intended uses included manufacturing, R&D,
warehousing and accessory office space. 331 parking spaces are provided at a blended
rate of 2.9 sp/1000 sq.ft.
The project is partially located within the Flight Activity Zone (FAZ}as mapped per
the Comprehensive Land Use Plan (CLUP} for McClellan-Palomar Airport (dated April 1994},
and is therefore subject to limitations on intensity of use. The Conditions of Approval
required the Developer to submit to the City a Notice of Restriction (NOR} which
included the limitations on intensity of use.
REQUEST
This application requests the City to execute and approve an amendment to
Minor SDP 15-09 to remove the condition requiring the NOR for limitations on intensity
of use, and to lift or amend the recorded NOR, by analyzing and making findings that
the project is consistent with current ALUCP (dated March 2010} Safety Compatibility
criteria/Safety Zones and intensity of uses.
This request is related to project MCUP 16-04 submitted by future tenant House of Air.
P-1(B) Page 1 of 1 Revised 07/10
{~City of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C}
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
[I] The development project and any alternatives proposed in this application ~ contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application srg contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Bressi Industrial, LLC
Address: 130 Vantis, Suite 200
Aliso Viejo, CA 92656
Phone Number: 949-389-7049
PROPERTY OWNER
Name: Bressi Industrial, LLC
Address: 130 Vantis, Suite 200
Aliso Viejo, CA 92656
Phone Number: 949-389-7049
AddressofSite:6131 & 6133 Innovation Way
Local Agency (City and County): Carlsbad l County of San Diego
Assessor's book, page, and parcel number:_2_1_3_-_2_6_1_-_1_6_-_0_0 ___________ _
Specify list(s):_N_/_A _______________________ _
Regulatory Identification Number:_N_/_A ___________________ _
Date of List: N/ A ·------------------------------------------
P-1(C) Page 1 of2 Revised 02113
(cicyof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements {i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application} please call (760) 60 ~~ .. ?
Applicant Signature: ~ ~ .. -c-~~
/ Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
SDP 15-09A
ALUCP Safety Zone Compliance
Buildin!! 1 ------
Gross People per Total Calculated Allowed Airport Use Parking Parking People Per Zone Use Building Vehicle People Per People Per Zone Sq. Ft. Ratio Required Ratio Use Per Acreage Acre Acre zone
3 Office 4112 1/250 17 3.3 -4.0 56.1-68 1.49 37.6-45.6 130
3 Manufacturing 10,692 11400 27 2.0-2.5 54-67.5 1.49 36.2-45.3 130
3 Warehouse* 9,377 --------------
73.8-90.9 130
------
*Warehouse is a compatible use in Safety Zone 3.
Buildin!! 2 ---------o -
Gross People per Total Calculated Allowed Airport Use Parking Parking People Per Zone
Zone Use Building Ratio Required Vehicle Use Per Acreage People Per People Per
Sq. Ft. Ratio Acre Acre zone
3 Office 4112 1/250 17 3.3-4.0 56.1 -68 1.4 40-48.5 130
3 Manufacturing 10,692 1/400 27 2.0-2.5 54-67.5 1.4 38.5-48.2 130
3 Warehouse* 9,377 --------------
78.5-96.7 130
--------------------
*Warehouse is a compatible use in Safety Zone 3.
--·~---·
DOC# 2005-0461 222
1111111111111111111111 llllllllllllllllllllllllllllllllllllllllllllllfl
JUN 02.2005 8:32AM
~RECORDING REQUESTED BY AND I l) 4 4'8
OFFIOAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFIC£
GREGORY J. SMITH. COUNTY RECORDER
FEES: 22.00
PAGES: 6
110m WI Dill U~IDI~ II Dill DIIW om Dill um om am U~ m1 WHEN RECORDED MAIL TO: I
I
City Clerk I
CITY OF CARLSBAD I 2005-0461222
1200 Carlsbad Village Drive }
Carlsbad, California 92008·1989 I
Space above this line for Recorder's use
Assessor's Parcel Number 213-120-02,03,04
213-121·01
Project Number and Name CT 02-15 -Bressi Ranch Industrial
NOTICE OF RESTRICTION ON REAL PROPERTY
The real property located in the City of Carlsbad, County of San Diego, State
of California described as follows:
Lots 1-40 of Carlsbad Tract No. CT 02-15 in the City of
Carlsbad, County of San Diego, State of California, according to
Map thereof No. \'-\<=\(DO filed in the office of the County
Recorder of San Diego County oa-{t:JC4/o'O
Development on Lots 5, 6, 11-16, 21-24, 28, 29, 35, 36, and 39, and
development on the portions of Lots 2-4, 7-10, 17-20, 25-27, 30-34, 37 38 and
40 within the Flight Activity Zone, as shown on the attached Exhibit "A," is
restricted as follows per Condition No. 19 of Planning Commission Resolution No.
5564, approving CT 02·15 issued by the City of Carlsbad on March 17, 2004.
Condition No. 19 states:
Developer shall record a notice of restriction over all of those portions of lots
within the Flight Activity Zone as described in the Comprehensive Land Use
Plan for Palomar-McClellan Airport as follows:
Rev. 06/04/96
5449
a. All assembly areas defined as Group "A" by the 2001 California Building
Code are limited to a maximum occupancy of 100 persons. This restriction
applies to all permitted uses, ancillary uses, and uses allowed by Conditional
Use Permit.
b. Hotels, motels, childcare centers. athletic clubs, public and private schools
are prohibited.
A copy is on file at the City of Carlsbad Planning Department. The obligations and
restrictions imposed are binding on 'all present or future interest holders or estate
holders of the property.
Rev. 06/04/96
------"----------"
5450
OWNER: ~OF CARLSBAD
StZGSs 1 l<lo.lCI& Dev€llifJ4i:Nr}'~.,~~ /1a
Owner's Name ' ..;:::M-I=CH.L.A...:...._El-J-=. H;...;;O;.;__LZ_M_Il-l-ER-,----
Signature
~ c. \}ElWU:R.
Print name and title
Signature
Print name and title
Date
Planning Director
l-1o...y25) 2..£:CJ.S
Date
ATTEST:
~~· 4.;s4--. <.t'4J_J
LdR:RliNE OD)ty Clerk 11.. -
APPROVED AS TO FORM:J
RONALD R. BALL, City Attorney
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
(If signed by an individual partner, the parlnership must attach a statement of
partnership authorizing the partner to execute this instrument).
Rev. 06/04/96
5451
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of Cali1omia
County of W!i-06 F }~·
On Ahven?be 1!,_, .BJtJ-1 before me, tyl~#u;, f... 4-/k,~H7 .A/...J.a7,
Dati HJUMIInd Trtie GfOftJolt (e.g .. ·.s-Doe, NQaa"'IY N:Jitc1
personally appeared &vr a. C. 1'3tt.ttt:,c
"""'"1'1<189*(11
CYNTHIA l. AlBRIGHT
Commission 11 1384208 i •. Notary Public -California ! 1 Orange County · t My Carm EilplesNov 10. 21:.0!1 ••••••••••••
~rsonally known to me
0 proved to me on the basis ol satisfactory
evidence
to be the person{s1'whose nam~ islan5
subscribed to the within Instrument and
acknowledged to me that he/~Kecuted
the same in h isJI:Iefflbeir authorized
capacily..[iH/. and that by his~RerfTJ~eir"
signatu~on the Instrument the person.{s(. or
the entity upon behalf of which the person.la("
acted, eKecuted the instrument
--------------------OPTIONAL--------------------
Thwgh ltle inlr»malilm llekJw is not requil8d Oy law, It may p!O'Itl valuab/8 r~ P9tsOOS relying en ltle dOcumflnt snd cotJid pii1V6It1
lrsuduisnt mmov.al rmd reattachment of /his lotm 10 anolhBr documsnt.
Description of Attached Document
Trtle or Type of Documenl: AI., h ~ o 1-f2..s ?"~ 1 c.:;.,o-.J o,._; ~kt l?oe~·
Document Date: II ), 0 l o'-1 Number of Pages: ___ _
Signer(s) Other Than Named AbOve:--------------------
Capaclty{les) Claimed by Signer
Signer's Name:----------------------
0 Individual
0 Corporate Officer -1itle(s): -----------------0 Partner-0 Um~ed 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator oomer. _________________________ _
Signer Is Representing: ____________________ _
0 1Qn Nalioftll Nlltlty AaoQ.a6ofl• 0350 Dl Solo Ava., P.O. b Z102 • cr.r&w!wlh, CA 9t313-2G• www.~.ag Prod. No. !i07 Rlorder. Cd TOI-Frwa t~
j ~
,~
__)
BRESS/ RANCH
SARES REGIS GROUP
IMTZ:· JqlllVD<
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22 I 21
19 I 20
LEGEND
:-
24 ~ lli
itt;
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25 ~~
----1~
l ~~
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I
I
-------Ft..Qf1 ACJMTY ZOtE (FAZJ
BRESst INDUSTRIAL
AIRPOFrT ZONE AREAS
EXH/BIT'A'
SHEETtOF2
~~~
~·----·-·~ ,... ............. ....,..,.,.,eN! ••DWln r.a.•~
~
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~
b:)
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dl ~~ ~ l 241 28 IJJ~ ttl! I 29 m: {I) r-, --L--..,..-____.J\
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6
----~;--~ -~--LU-1·-
oL--_l--~--'"flj Cl47EWAY ----------...
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I I I
BRESS/ RANCH
.. SARES REGIS GROUP • DA 1[: 10/1)5/04
~
35
---34
LEGEND ~ .a;:..
-------R.JOHrACTMTYZONE(FAZJ C1' w
BRESS/INDUSTRIAL
AIRPORT ZONE AREAS
EXHIBIT~'
SHEET20F2
~ PRalBcr.DmfaNCaNSllLTAN'lS ,.... ........... ..._, .......
llltB_..._&rlj.IOCt. S..Ditp.Cio tl:IOl
t1N:IWJ11 fAX fl~
--------------------------------
June 20, 2016
Laurie Riddle
Shea Properties
130 Vantis Ste 200
Aliso Viejo , CA 92656
Phone: (949)389-7114
Fax: (949)389-7188
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
Order f\c .Jer: NCS-759159-SD
Page Number: 1
First American Title Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
Vacant Land/APN 213-261-16-00
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@firstam .com
To Be Determined
Bressi Industrial, LLC
Vacant Land, Carlsbad, CA
PRELIMINARY REPORT
June 20, 2016
update
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Rrst American Title Insurance Company
(\
Ordei,, )1ber: NCS-759159-SD
Page Number: 2
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
First American Ttt/e Insurance Company
Dated as of June 14, 2016 at 7:30A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
Order 1\_ .Jer: NCS-759159-SD
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Bressi Industrial, LLC, a California limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple as to Parcel 1, an easement as to Parcel 2.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or
payable.
2. This item has been intentionally deleted.
3. Assessment liens, if applicable, collected with the general and special taxes, including but not
limited to those disclosed by the reflection of the following on the tax roll:
1915 Bond for City of Carlsbad 2002-1; Street Improvements
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded March 14, 2003 as Instrument No. 2003-
0289327 and 2003-0289328, both of Official Records. --
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6. The terms and provisions contained in the document entitled "Agreement Regarding the Payment
of a Public Facilities Fee for inside the Boundaries of Community Facilities District No. 1"
recorded December 11, 1998 as Instrument No. 1998-0806517 of Official Records.
Rrst American Title Insurance Company
/
Ordei, ;1ber: NCS-759159-SD
Page Number: 4
7. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property'' recorded February 25, 2003 as Instrument No. 2003-0210190 of Official Records.
8. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded March 11, 2003 as Instrument No. 2003-0270075 of Official Records.
9. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded March 11, 2003 as Instrument No. 2003-0270076 of Official
Records.
10. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 1, 2003 as Instrument No. 2003-0362107 of Official Records.
11. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Maps
For: General utility and access and incidental purposes.
(Affects Parcel 1)
A portion of said easement was vacated by Resolution No. 2007-211 recorded August 9, 2007 as
Instrument No. 2007-0532404 of Official Records.
12. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Maps
For: Restricted sight distance and incidental purposes.
(Affects Parcel 1)
13. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Maps
For: Landscape maintenance and incidental purposes.
14. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Maps
For: Future private drainage and incidental purposes.
(Affects Parcel 2)
15. Abutter's rights of ingress and egress to or from Innovation Way have been dedicated or
relinquished on the map of Carlsbad Tract CT 02-15 of Map No. 14960 of Maps recorded
February 04, 2005.
16. Abutter's rights of ingress and egress to or from Gateway Road have been dedicated or
relinquished on the map of Carlsbad Tract CT 02-15 of Map No. 14960 of Maps recorded
February 04, 2005.
(Affects Parcel 1)
Arst American 77tle Insurance Company
Order 1\. .oer: NCS-759159-SD
Page Number: 5
17. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded March 15, 2005 as Instrument No. 2005-0210897 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source
of income or disability, to the extent such covenants, conditions or restrictions violate Title 42,
Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on
the age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded January 26, 2012 as Instrument No. 2012-
0045639 of Official Records.
Document(s) declaring modifications thereof recorded July 17, 2012 as Instrument No. 2012-
0412306 of Official Records.
Document(s) declaring modifications thereof recorded February 22, 2013 as Instrument No.
2013-0117373 of Official Records.
Document(s) declaring modifications thereof recorded December 17, 2014 as Instrument No.
2014-0556453 of Official Records.
18. The terms and provisions contained in the document entitled "Agreement Regarding Annexation
of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carlsbad
and Approval of the Levy of Assessments on such Real Property" recorded March 16, 2005
as Instrument No. 2005-0216793 of Official Records.
19. An easement for public utilities and incidental purposes, recorded April 11, 2005 as Instrument
No. 2005-0294004 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company
As described therein
20. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded June 2, 2005 as Instrument No. 2005-0461222 of Official Records.
21. Covenants, conditions, restrictions and easements in the document recorded June 9, 2005
as Instrument No. 2005-0483802 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded July 26, 2006 as Instrument No. 2006-
0529274 of Official Records. ·
Arst American Title Insurance Company
\
Orde1\ )ber: NCS-759159-SD
Page Number: 6
22. Covenants, conditions, restrictions and easements in the document recorded August 11, 2005
as Instrument No. 2005-0689778 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded July 28, 2006 as Instrument No. 2006-
0536070 of Official Records.
Document(s) declaring modifications thereof recorded February 10, 2014 as Instrument No.
2014-0054465 of Official Records.
23. An easement for private storm drain and incidental purposes, recorded August 16, 2007 as
Instrument No. 2007-0546688 of Official Records.
In Favor of:
Affects:
Lot 23 Bressi Ranch, LLC, a California Limited Liability Company
Lots 19 and 22
The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded December 24, 2007 as Instrument No. 2007-0790600 of Official Records.
24. An easement for general utility and access purposes and incidental purposes, recorded November
13, 2007 as Instrument No. 2007-0717227 of Official Records.
In Favor of: City of Carlsbad, a Municipal Corporation
Affects: As described therein
25. The terms and provisions contained in the document entitled "Permanent Storm Water Quality
Best Management Practice Maintenance Agreement" recorded December 19, 2007 as Instrument
No. 2007-0781660 of Official Records.
26. A deed of trust to secure an original indebtedness of $10,000,000.00 recorded September 25,
2015 as Instrument No. 2015-0505923 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
September 23, 2015
Bressi Industrial, LLC
First American Title Insurance Company
City National Bank
The above deed of trust states that it is a construction deed of trust.
27. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed
by a document recorded September 25, 2015 as Instrument No. 2015-0505923 of Official
Records.
28. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded October 21, 2015 as Instrument No. 2015-0549375 of Official Records.
Arst American Title Insurance Company
-:
Order I\ .aer: NCS-759159-SD
Page Number: 7
29. The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenace Agreement" recorded October 21, 2015 as Instrument No.
2015-0549376 of Official Records.
30. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded October 22, 2015 as Instrument No. 2015-0553267 of Official Records.
31. Water rights, claims or title to water, whether or not shown by the public records.
32. Rights of parties in possession.
33. An easement shown or dedicated on the map filed or recorded December 17, 2015 as Instrument
No. 2015-7000509 of Parcel Map No. 21308
For: Sewer and incidental purposes.
34. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded December 23, 2015 as Instrument No. 2015-0654188 of Official
Records, which provide that a violation thereof shall not defeat or render invalid the lien of any
first mortgage or deed of trust made in good faith and for value, but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry,
source of income or disability, to the extent such covenants, conditions or restrictions violate Title
42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law
on the age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
35. An easement for Underground Facilities for the transmission and distribution of electricity,
Pipelines and Communication Facilities and incidental purposes, recorded January 15, 2016 as
Instrument No. 2016-0018190 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company, a Corporation
as described therein
Arst American Title Insurance Company
Ordei\ ,1ber: NCS-759159-SD
Page Number: 8
INFORMATIONAL NOTES
1. Taxes for proration purposes only for the fiscal year 2015-2016.
First Installment: $29,394.39, PAID
Second Installment: $29,394.39, PAID
Tax Rate Area: 09199
APN: 213-261-16-00
Note for information: The San Diego County Assessor has indicated a new tax
identification number will come into use for the property in question in the future. At this
time the new number is: 213-261-24-00 and 213-261-25-00.
2. Supplemental taxes for the fiscal year 2015-2016 assessed pursuant to Chapter 3.5 commencing
with Section 75 of the California Revenue and Taxation Code.
First Installment: $13,639.25, PAID
Penalty: $0.00
Second Installment: $13,639.25, PAID
Penalty: $0.00
Tax Rate Area: 09199
A. P. No.: 859-107-64-65
3. The property covered by this report is vacant land.
4. According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded June 10, 2015 as Instrument No. 2015-0300812 of Official Records.
From: Slater Place LP, a California limited partnership
To: Bressi Industrial, LLC, a California limited liability company
5. It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and information, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
Other requirements may be made following the review of such documents and information.
6. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
7. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
Rrst American Title Insurance Company
A. WITH RESPECT TO A CORPORATION:
Order f\., .aer: NCS-759159-SD
Page Number: 9
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-1), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require ..
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
Arst American Title Insurance Company
OrdeL 11ber: NCS-759159-SD
Page Number: 10
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
Rrst American Tttle Insurance Company
LEGAL DESCRIPTION
Order 1\_ .• oer: NCS-759159-SD
Page Number: 11
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL 1:
PARCELS 1 AND 2 OF PARCEL MAP NO. 21308, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 17, 2015 AS FILE NO. 2015-7000509 OF OFFICIAL RECORDS.
PARCEL 2:
A PERPETUAL NON-EXCLUSIVE EASEMENT FOR LANDSCAPE, STORM DRAIN, UTILITY AND
SIGNAGE, AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND GRANT OF RECIPROCAL EASEMENTS FOR BRESS! RANCH CORPORATE
CENTER", RECORDED MARCH 15, 2005 AS INSTRUMENT NO. 2005-0210897, OF OFFICIAL
RECORDS.
APN: 213-261-16-00 (OLD APN)
New APN's:
213-261-24-00 (Affects: Parcel 1 of Parcel 1) (Not Yet Assessed)
213-261-25-00 (Affects: Parcel 2 of Parcel 1) (Not Yet Assessed)
Rrst American 77tle Insurance Company
Order,. ,1ber: NCS-759159-SD
Page Number: 12
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, The Rrst American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Arst American Title Insurance Company
Order k .• oer: NCS-759159-SD
Page Number: 13
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;
(b) zoning;
(c) land use;
(d) improvements on the Land;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
First American Title Insurance Company
Ordel, ,1ber: NCS-759159-SD
Page Number: 14
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date--unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
Arst American Tttle Insurance Company
Order I,_ ..• ber: NCS-759159-SD
Page Number: 15
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the 11tle that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
Rrst American Title Insurance Company
Order. ,'1ber: NCS-759159-SD
Page Number: 16
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13( c), 13( d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Arst American Title Insurance Company
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1621401-2 08/01/2016 149
Mon, Aug 01, 2016 03:47 Pi-t
Receipt Ref Nbr: R1621401-2/0047
PERMITS -PERMITS
Tran Ref Nbr: 162140102 0047 0054
Trans/Rcpt#: R0119140
SET #: SDP1509A
Amount:
Item Subtota 1 :
Item Tot a 1:
ITEM(S) TOTAL:
Check (Chk# 002197341)
Total Received:
Have a nice day!
1 @ $3,037.00
$3,037.00
$3,037.00
$3,037.00
$3,037.00
$3,037.00
**************CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
llllllllllllllllllllllllll\llllllllllllllllllllllllllllllllllllll
Applicant: SLATER PLACE L P
Description Amount
SDP1509A
6135 INNOVATION WY CBAD
Receipt Number: R0119140 Transaction ID: R0119140
Transaction Date: 08/01/2016
Pay Type Method Description Amount
Payment Check
Transaction Amount: 3,037.00